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January 4, 1979f~~1 I N U T E S G,IEST P~IE~~IPHIS CITY COUNCIL January 4, 1979 4 A regular meeting of the West ~~emphi s City Counci 1 was hel d Thursday, January 4, 1979, at 1:60 P. hi. in the Council Chambers of City Hall. ~liayor Joyce T. Ferguson called the meeting to order. Present at the meeting were: P~1ayor Joyce T. Ferguson City Attorney Robert Smith Aldermen: Vince Angeletti Eob Bentley Leon Duvall James Hi ghto~rrer Pritchard Horton Roberta Jac~:son Doug ~Y9orri s R. H. Ray Gary Walker Lloyd Woodell Prayer was offered by Alderman Bentley. Alderman :orris made a motion, seconded by Alderman Horton, that the minutes of the December 21, 1978, meeting be approved as sent in the packets. Upon voice vote of the Council, this motion was unanimously approved. Attorney Smith then read, for the third and final time, the ordinance to repeal Ordinance ~~Jo. 802 regulating fees charged for building permits and inspections. Alderman Horton made a motion, seconded by Alderman Duvall, to adopt this resolution. Upon roll call vote, the vote was as follows: AYE: Aldermen: Bentley, Duvall, Hightower, Horton, .Jackson, P¢lorri s, Ray, Walker, and Woodel 1 N0: None ABSTAICJI~JG: Alderman Angeletti This ordinance was passed, and was assigned as Ordinance ~Jo. 956. ~dext, Attorney Smith read the ordinance to rezone Lot 7, Block 1, of the Compress Subdivision for the second time. Alderman Horton made a motion, seconded by Alderman Ray, to adopt this ordinance on the second reading. Upon roll call vote, the vote was as follows: AYE: Aldermen: Angeletti, Bentley, UuVall, Higi~tower, Horton, Jack- son, ~~lorri s, Ray, Walker, and L~oodel 1 i~JO: None (1) ~l ~ ~~ .~-~ ORDINANCE N0. ~ `'~ 1 AN ORDINANCE TO REPEAL ORDINANCE N0. 802, DATED MARCH 21, 1974, TO REGULATE FEES CHARGED FOR BUILDING PERMITS AND INSPECTIONS WITHIN THE CORPORATE LIMITS OF THE CITY OF WEST MEMPHIS, ARKANSAS, AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: 4FC,TT(7N 1. ORDINANCE N0. 802, dated March 21, 1974, is hereby repealed. SECTION 2. That a fee~of Seven and 50/100ths Dollars, ($7.50.) shall be charged for a building permit for all buildings up to two hundred fifty (250) sq. ft. of floor space, and the charge of three (3~) per sq. ft. of floor space for all buildings up to and including 50,000 sq. ft., and two and one-half cents (2-1/2~} per sq. ft. over and above 50,000 sq. ft., including basement floors. Only enclosed floor areas shall be measured to exterior face of building walls. The second floor will be figured on heated floor area. SECTION 2-A. That all remodeling on buildings shall be permitted at a fee of Four Dollars {$4.00) up to One Thousand Dollars (x1,000.00) cost. For each additional One Thousand Dollars ($1,000.00) cost thereof, the fee shall be Three and 50/100ths Dollars, ($3.50} on the estimated cost, excluding roofing and repainting. SECTION 2-B. A flat fee of Ten Dollars ($10.00) shall be charged for sign permits up to and including one hundred (.100) sq. ft. face; and, over one hundred (100} sq. ft. of face there shall be a fee of five cents C5~) per sq. ft. All signs must conform to set backs and sizes as set forth in the Sign Ordinances of the City of West Memphis, Arkansas. SECTION 2-~C. Swimming Pool permits shall be a flat fee of Ten Dollars ($10.00) per pool for privately owned pools. Public Pools shall be charged at a rate of One Dollars ($1.00) per each One Thousand Dollars (51,000.00) of cost of the pool. SECTION 2-D. A fee of Five Cents (5~) per lineal foot for permit for installation of any type of fence shall be charged; and, said permit shall be secured before starting any fence construction. SECTION 3. Three (3) inspections will be made by the Building Inspector or his representative on all new buildings., SECTION 4. All foundation trenching or footing shall be inspected before placing of concrete. The Inspector's Office shall be notified four (IE) hours prior, or as soon as possible, after trenches are ready, but no job shall be held up if the Cnspector is unable to make inspection on time. Foundation will ~e checked for depth below drying or freeze point, width, and she number of bars of reinforcing steel called for in plans and specifications. . SECTION 5. The Inspector's Office shall be notified when ~, building has been framed and before any inside wall covering has been applied. This inspection will include checking of all framing in conformity with the Southern Building Code, 1977 Edition, including any revised Editions thereof. SECTION 6. A final inspection will be made when a building is completed to check that all construction meets the Codes of the City of West Memphis, Arkansas. SECTION 7. These inspections do not replace or take the place of any other inspections required by the Codes of the City of West Memphis, Arkansas. SECTION 8. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9. Penalty. Any person, firm, association or corporation found guilty of violating any of the provisions of this Ordinance shall be subject to a fine of not less than Ten and No/100ths Dollars ($10.00), nor more than Twenty-Five and No/100ths Dollars ($25.00). Each day such violation shall continue, shall constitute a separate offense. ~....- PASSED AND APPROVED this ~r day of .' ,11~~`}'G' ~'~ ~f ~ f , ~97$~ MAYOR 2. This motion was passed unanimously. ~~Jext on the agenda was new business. Two ordinances which were scheduled to be read for the first tine on the agenda were deleted so that there could be further discussion before being presented to the Council. The first ordinance was concerning setting qualifications, licensing, and bonding for tank pumpers. The second ordinance that was deleted was for establishing fees for plumbing, sewer, water, and gas inspections. The next item of business ~~~as concerning the 1979 budget. Alderman Jackson made a motion, seconded by Alderman ~~1orris, that one twelfth (1/12th) of the 1978 budget be passed to be used for the city's operations for the month of January, 1979. Upon roll call vote, the vote was as follows: AYE: Aldermen: Angeletti, Bentley, Duvall, Hightower, Horton, Jackson, ylorris, Ray, Walker, and Woodell aU : None This motion was passed unanimously. Next on the agenda were permission requests. Alderman Horton made a motion, seconded by Alderman Jackson, that 3~lrs. Doris Jordan of 506 ~sorth nth Street be allowed to operate a beauty shop in her home for another six months. Upon voice vote of the Council, this motion was passed unanimously. Alderman Horton then r~~ade a motion to sell the asphalt plant the City now owns for the amount of X15,000.00, to the City of Jonesboro, on or before April 1, 1979. Alderman Ray seconded this motion. Upon roll call vote, the vote was as follows: AYE: Aldermen: Bentley, Duvall, Highto~ti~er, Horton, ~~rlorris, Ray, 4~alker, and Woodell `~10: Aldermen: Angeletti and Jackson This motion passed. ~`dext, C~ayor Ferguson presented a Certificate of Commendation to Sgt. Anthony ~~iller and Sgt. L. C. O'Brien of the West Memphis Police Department for their rescue efforts in saving the life of a hunter recently. The f~layor and Police Chief Keen commended these two men for their service above and beyond the call of duty. ~~1ayor Ferguson then read a list of committees and commissions (2) she was appointing, and asked the Council for their approval. Up- ~,on voice vote of the Council, these appointrnents were utaanimously I~a roved. A list of these committees is on file in the Mayor's PP office. The Mayor then announced the appointment of Alderman R. H. Ray 'as Vice ~~layor, and the reappointment of Thomas T. Burkhart as Fire 'Chief and Bobby Keen as Police Chief. -Jext on the agenda were citizens requests. The first citizen '' to address the Counci 1 v~ras ~~1r. Jack Beath, 323 ~~Jorth Center, who ~~~,stated tha'c a group of five had been selected from his neighborhood ~to a roach the Council concerning the completion of work on PJorth PP '~ Center. After 1 i steni ng to ~~1r. F~eath' s presentation, Al derrrian '~~Woodell made a motio~r, seconded by Alderman Morris, that the i 'Council vote on their intent as to the use of the $100,000.00 which had been proposed for the completion of f~~orth Center. After some discussion, Alderman ~~~7orris called for the question. Upon roll call vote, the vote was as follows: AYE: Aldermen: Bentley, Duvall, Norton, Morris, Ray, Walker, and Woodell N0: Aldermen: Esi htower and Jackson g ABSTAIiV: Alderman Angeletti (This motion was passed. ~, The next citizen to address the Council was Per. Frank Steudlein, I'507 West Roosevelt, who su ested that raises for the aldermen be g9 I', delayed for one year. He also expressed his appreciation to the I, Council and flavor for their service, and challenged them to work 'together for the benefit of the entire city. ', r~lr. John Peacock, owner of Peacock's Radio Service, then came 'forward to make his request. He, as in previous meetings, requested that the city go for competitive bidding on service contracts. The f~~yor told i~ir. Peacock that the city was considering dropping the contract completely and working on a per radio basis. She further stated that this would have to be'discussed with the department heads involved before further action could be taken. The next citizen to speak was P1r. Dwight Lilly, 2603 Jackson, who presented a letter to the Council stating that he had been ~3) discriminated against when he had applied for a position in the 'Department of Community Devel opr;~ent;. A copy of thi s 1 etter i s on ',file in the f~ayor's office. Next, Rev. Ron ~~izer, 800 Thompson, addressed the Council. ,Rev. Mizer directed questions concerning Community Development ',money and the North Center project to the ~~layor. She asked him to submit these questions in writing. A copy of these questions is on file in the Mayor's office. The next citizen was ~y1r. Robert White, 728 South 10th Street, who is the President of the Crittenden County ~`JAACP. He stated ,that he hoped the Council would take a firm stand on their beliefs. 'He expressed his desire to see everyone working together for the good of all people. ~r9ayor Ferguson then asked Attorney Smith to read a resolution, 'which was not on the agenda, concerning a vocational-technical school 'for our community. Alderman Woodell then made a motion, seconded by Alderman Duvall, to adopt this resolution. Upon roll call vote, the vote was as follows: : An letti Bentle Duvall Horton, Hi htower, .AYE. Aldermen ge y> g Jackson, Morris, Ray, Walker, and Woodell 'N0: None This resolution was passed unanimously. This is Resolution No. 665. Attorney Smith then discussed the Civil Service suit. He dis- cussed the lawsuit filed by some of the Police Department two years ago against the h1ayor and City Council. He stated that he had re- ceived information which indicated that Judge Wilson would possibly 'rule that the Civil Service Act was a private act, which world mean 'it would apply only to West Memphis, and that the City would be prohibited from spending any public funds, unless the City Attorney 'filed an appeal. Attorney Smith teen asked the Council what steps they wanted him to take if suit was against the city. Alderman Horton made a motion, seconded by Alderman ~~ay, that the City not pursue and not appeal this matter. Upon roll call vote, the vote was as follows: AYE: Aldermen: Bentley, Duvall, Horton, ~~orris, Ray, Walker, and Woodell ~4) Dwight M. Li11y Jr. '2603 Jackson Avenue West Memphis, Arkansas 72301 January 4, 1979 The Honorable Joyce Ferguson, Mayor and City Council 'West Memphis, Arkansas 72301 ~ dear Mayor Ferguson: '',On Tuesday, January 2, 1979 the Evening Times reported the hiring of Mr. Mike Y:aggie to the position of Assistant Director of the Community Development Program. This of course, was news to the citizens of West Memphis in that no 'public notice had been advertised as to the availability or even vacancy of ' this office. This apathetic act by you, the leaders of our city is in 'violation of the rights of Equal Employment, and, has strengthened my belief (that you are as bias now as in 1975, when I was ref used any consideration for 'the position of Director of the Community Development Program. I applied for that position and have reasons to believe, the first to apply. My resume contained information that more than qualified me to head that office. Given no reason for my having been turned down, I considered myself a victim of circumstances, circumstances of which I had no control I'm black. 'Realizing this was an injustic to the public of whom I wanted to serve, as 'well as to me, I voiced my grievance to various Equal Employment Agencies. 'The Equal Employment Opportunity Commission in New Orleans has made its' deter~rination, which supported my belief . ',How long do you, the officials, of our fair city, expect the good citizens of West Memphis to stand idle and allow you to violate our rights? Mr. Robert Smith, our city attorney said, and I quote, I hope the city council will make the right decisions so the city wont face any law suits in the coming two years. Sincerely, ~~ Dwight' `~. Lilly ; ~. DML/ ~ ~!' 1. I t ~" !~~ f I iII 1 .~ i,~9 C~ ~-~ 7~ 0 ~l o~ao ~ ~~icc, L GG L~Ii~ ~~/,.^-Z./¢ ~tisc- ~Gt ~G~,~ C~~-e~i /rye l «,,, G~ ? G~~Cu~~ l1 arc ~~c ~~ ~u,G~.ti'~ ~'~,~ lyC ~ci, /'~3,Z`r ,mow ~...ZG~i~r~yyi <Z` fem. ~ ,~- ~~ L~zc~~/~=~yG/ i.S~ ~~,~ D ~.~~ti ,P~~ . i ~~ ~ ~ ~~ODonor~r/uz4~ny.~ ~~., Lis~..~~c, r ti.~ L[N~ P~r' /LGC~e4. C~C~eud mc.,,.i /,vim"cac. ~~,~,L ? l~'~. Day ~i-~ ~ huc~ GJv~ O ~~~ ` ~~~ ~~~~ RESOLUTIOiJ 1~0. 665 `~... ~~ . .. .. a ~. r ,. , ,, _ . ., k RESOLUTIOIJ CONCERNING THE PROPOSED VO-TECH SCHOOL FOR CRITTENDE~d COU~lTY, ARKANSAS L WHEREAS, the West I~lemphis City Council has received infor- nation that a Vocational Technical School is contemplated in the very near future for Crittenden County, Arkansas; and WHEREAS, the City Council of the City of 4Jest t~~emphis wishes to give full cooperation to this most worthy project; and WHEREAS, the City of West ;Memphis has and will continue to work with Crittenden County on all educational needs of our citi- zens; - THEREFORE, 6E IT FURTHER RESOLVED THAT THE CITY COUi~iCIL OF ~, THE CITY OF hIEST t~1El~PHIS wishes to express to the Committee of Higher Education for the State of Arkansas, our full cooperation to~the proposed Vo-Tech School in Crittenden County, Arkansas. . PASSED AND APPROVED this ~ day of 1979. Joyce T. Fergus n t~(AYOR ~~ dbe ~ T T G C T N0: None ABSTAIN: Aldermen: Angeletti, Hightower, and Jackson This motion was passed by the Council. Alderman Hightower asked that the records show that he was not voting against Civil Service. There being no further business to came before the Council, Alderman Duvall made a motion, seconded by Alderman Ray, that the meeting be adjourned. Upon voice vote of the Council, the motion passed unanimously and the meeting was adjourned. PASSED AND APPROVED this ~~~ day of , 19 ~c . ~~ Joyce T. Fergus n MAYOR 'ATTEST: f ! \.. an raft CITY CLERK dbe (5}